Statutory Damages Were Not Available for Series of Infringements Where Work Was Registered After 1st Infringement

Case: Derek Andrew, Inc. v. Poof Apparel Corp., No. 07-35048, Ninth Circuit, June 11, 2008

The One Sentence Summary: Statutory damages for copyright infringement were not available where the first infringement in a series occurred before registration.


What They Were Fighting About: Defendant Poof had infringed hang tags on clothing, and default judgment was awarded against it, along with statutory damages and attorneys' fees.

Ninth Circuit Holdings:

• Statutory damages for copyright infringement were not available where the first infringement in a series occurred before registration.
• Attorneys' fees for willful infringement under Lanham Act were available where default was entered under complaint alleging willful infringement.